Legal framework on hiring, probationary period and internships in the UK

Interns and probationary period

When hiring people, employers often stick to such a thing as a probationary period. The main purpose of this duration is to analyze candidate’s suitability for a job, see the difficulties that may arise, and decide whether to sign an employment contract with this person. As well as any cooperation, the probationary period has regulations on which both parties have to mutually agree in the contract.  

Probationary Period Agreement 

The information according to the probationary period is usually included in the employment contract. There should be outlined such things as its duration, performance standards, scope of work, evaluation process, termination notice period, etc.  

There is also the option of signing a fixed-term internship contract that slightly differs from the probationary period employment contract. The primary purpose of this document is more educational, as training may be applied after accomplishing which the person will be able to get a specific role.  

In a situation when the employer isn’t sure about the candidate’s abilities, particularly if he or she has no professional experience, a test assignment agreement is often used. It is focused on specific tasks the candidate is considered for. 

How Long Is a Probationary Period? 

The duration of a probationary period often varies between 3 and 6 months. It’s generally recommended to stick to this timeframe as courts rarely accept probationary periods exceeding 6 months. 

For employees changing roles within the same company, a probation period usually lasts no more than three months.  

Scope of Work 

During the probationary period, employees typically perform the regular duties associated with the position for which they are hired. Employers may provide additional training and support during the probationary period to help people adapt better.  

Termination Notice during Probation Period 

There is no minimum termination notice during the probation period. However, a minimum statutory notice of 1 week applies as to 1 month of work, even during the probation period. This rule is relevant for both parties. In certain situations, such as gross misconduct, the employer has the right to terminate the employee without providing notice. Nevertheless, in most cases, the standard statutory notice requirements are applicable. 

AdminTech Recommends

To avoid legal compliance issues, as well as unfair dismissal claims, AdminTech suggests: 

• Deciding on the contract to use during this period. As we’ve mentioned before, oftentimes employers choose to include probationary period details into the employment contract. However, there is also the option of signing a fixed-term internship contract, or a test assignment agreement.  

Create your fixed-term internship agreement in a couple of clicks

Create your test assignment agreement in a couple of clicks

Create your standard employment agreement in a couple of clicks

• Encouraging fair treatment and regular performance evaluation meetings. 
• Determining whether the legal document covers relevant points according to the duration of the probationary period, performance standards, scope of work, evaluation process, termination notice period, etc.  

You can always use our fixed-term internship, test assignment, or employment contract templates to ensure legal compliance with the regulations you specify in your document.